Constitutional and Legal Framework for the Enforcement of County Laws in Kenya. Challenges and Proposals

Constitutional and Legal Framework for the Enforcement of County Laws in Kenya. Challenges and Proposals
Author: Leonard Mwakuni
Publisher: GRIN Verlag
Total Pages: 32
Release: 2020-06-15
Genre: Law
ISBN: 334618143X

Essay from the year 2018 in the subject Law - Comparative Legal Systems, Comparative Law, , language: English, abstract: This paper discusses the Kenyan constitutional and legal framework for the enforcement of county laws. It exposes the inadequacy of the legal and institutional framework as the root of all other challenges experienced in the enforcement of county laws in Kenya. These challenges include lack of capacity for the enforcement of county laws by the counties, corruption menace, lack of a uniform code of conduct for county askaris, the novelty of devolution to county askaris and the general public and the lack of county courts to resolve disputes involving counties and enforce county laws. Proposals for addressing these challenges are given stressing on the need to enact legislation to provide for the legal and institutional framework for the enforcement of county laws in Kenya. This is important because one of the ways through which the objects of devolution can be achieved in Kenya is through the effective and efficient enforcement of county laws and regulations. Kenya adopted a new Constitution on 27th August 2010 with devolution1 being one of its most transformative aspects. Devolution was a good solution to the problems of marginalization, inadequate service delivery and regional disparities in development which was associated with the highly centralized system of government. With devolution, two levels of government were created: national and county governments.

Where Women are

Where Women are
Author: Nanjala Nyabola
Publisher:
Total Pages: 208
Release: 2018
Genre: Elections
ISBN: 9789966028815

Model Law on Access to Information for Africa and other regional instruments: Soft law and human rights in Africa

Model Law on Access to Information for Africa and other regional instruments: Soft law and human rights in Africa
Author: Ololade Shyllon
Publisher: Pretoria University Law Press
Total Pages: 268
Release: 2018-01-01
Genre: Law
ISBN:

Model Law on Access to Information for Africa and other regional instruments: Soft law and human rights in Africa Edited by Ololade Shyllon 2018 ISBN: 978-1-920538-87-3 Pages: 255 Print version: Available Electronic version: Free PDF available About the publication The adoption in 2013 of the Model Law on Access to Information for Africa by the African Commission on Human and Peoples’ Rights is an important landmark in the increasing elaboration of human rights-related soft law standards in Africa. Although non-binding, the Model Law significantly influenced the access to information landscape on the continent. Since the adoption of the Model Law, the Commission adopted several General Comments. The AU similarly adopted Model Laws such as the African Union Model Law on Internally Displaced Persons in Addressing Internal Displacement in Africa. This collection of essays inquires into the role and impact of soft law standards within the African human rights system and the AU generally. It assesses the extent to which these standards induced compliance, and identifies factors that contribute to generating such compliance. This book is a collection of papers presented at a conference organised by the Centre for Human Rights, University of Pretoria, with the financial support of the government of Norway, through the Royal Norwegian Embassy in Pretoria. Following the conference, the papers were reviewed and reworked. Table of Contents Acknowledgments Preface Contributors Abbreviations and acronyms PART I: THE MODEL LAW AND ITS INFLUENCE ON ACCESS TO INFORMATION IN AFRICA Introduction Ololade Shyllon The impact of the Model Law on Access to Information for Africa Fola Adeleke Implementing a Model Law on Access to Information in Africa: Lessons from the Americas Marianna Belalba and Alan Sears The implementation of the constitutional right of access to information in Africa: Opportunities and challenges Ololade Shyllon PART II: COUNTRY STUDIES The Model Law on Access to Information for Africa and the struggle for the review and passage of the Ghanaian Right to Information Bill of 2013 Ugonna Ukaigwe The impact of the Model Law on Access to Information for Africa on Kenya’s Access to Information framework Anne Nderi The Sudanese Access to Information Act 2015: A step forward? Ali Abdelrahman Ali Compliance through decoration: Access to information in Zimbabwe Nhlanhla Ngwenya PART III: INFLUENCE OF SOFT LAW WITHIN THE AFRICAN HUMAN RIGHTS SYSTEM Soft law and legitimacy in the African Union: The case of the Pretoria Principles on Ending Mass Atrocities Pursuant to Article 4(h) of the AU Constitutive Act Busingye Kabumba The incorporation of the thematic resolutions of the African Commission into the domestic laws of African countries Japhet Biegon General Comment 1 of the African Commission of the African Commission on Human and Peoples’ Rights: A source of norms and standard setting on sexual and reproductive health and rights Ebenezer Durojaye The African Union Model Law on Internally Displaced Persons: A critique Romola Adeola Selected bibliography

The Least Examined Branch

The Least Examined Branch
Author: Richard W. Bauman
Publisher: Cambridge University Press
Total Pages: 553
Release: 2006-07-31
Genre: Law
ISBN: 1139460404

Unlike most works in constitutional theory, which focus on the role of the courts, this book addresses the role of legislatures in a regime of constitutional democracy. Bringing together some of the world's leading constitutional scholars and political scientists, the book addresses legislatures in democratic theory, legislating and deliberating in the constitutional state, constitution-making by legislatures, legislative and popular constitutionalism, and the dialogic role of legislatures, both domestically with other institutions and internationally with other legislatures. The book offers theoretical perspectives as well as case studies of several types of legislation from the United States and Canada. It also addresses the role of legislatures both under the Westminster model and under a separation of powers system.

Separation of Powers in African Constitutionalism

Separation of Powers in African Constitutionalism
Author: Charles Manga Fombad
Publisher: Oxford University Press
Total Pages: 444
Release: 2016
Genre: Law
ISBN: 0198759797

The effective division of powers is critical to ensuring the promotion of good governance, democracy, and the rule of law in Africa. This book examines key issues arising during reforms of African constitutions, and focuses on the emergence of independent constitutional institutions providing checks against future abuses of powers.

Global Environmental Constitutionalism

Global Environmental Constitutionalism
Author: James R. May
Publisher: Cambridge University Press
Total Pages: 427
Release: 2015
Genre: Business & Economics
ISBN: 1107022258

Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.

Kenya

Kenya
Author: Godwin R. Murunga
Publisher: Zed Books Ltd.
Total Pages: 234
Release: 2014-12-11
Genre: Political Science
ISBN: 1780323689

The aftermath of recent Kenyan elections has been marred by violence and an apparent crisis in democratic governance, with the negotiated settlement resulting from the 2007 election bringing into sharp focus longstanding problems of state and society. The broader reform process has involved electoral, judicial and security-sector reforms, among others, which in turn revolve around constitutional reforms. Written by a gathering of eminent specialists, this highly original volume interrogates the roots and impact of the 2010 constitution. It explains why reforms were blocked in the past but were successful this time around, and explores the scope for their implementation in the face of continued resistance by powerful groups. In doing so, the book demonstrates that the Kenyan experience carries significance well past its borders, speaking to debates surrounding social justice and national cohesion across the African continent and beyond.

Strengthening Forensic Science in the United States

Strengthening Forensic Science in the United States
Author: National Research Council
Publisher: National Academies Press
Total Pages: 348
Release: 2009-07-29
Genre: Law
ISBN: 0309142393

Scores of talented and dedicated people serve the forensic science community, performing vitally important work. However, they are often constrained by lack of adequate resources, sound policies, and national support. It is clear that change and advancements, both systematic and scientific, are needed in a number of forensic science disciplines to ensure the reliability of work, establish enforceable standards, and promote best practices with consistent application. Strengthening Forensic Science in the United States: A Path Forward provides a detailed plan for addressing these needs and suggests the creation of a new government entity, the National Institute of Forensic Science, to establish and enforce standards within the forensic science community. The benefits of improving and regulating the forensic science disciplines are clear: assisting law enforcement officials, enhancing homeland security, and reducing the risk of wrongful conviction and exoneration. Strengthening Forensic Science in the United States gives a full account of what is needed to advance the forensic science disciplines, including upgrading of systems and organizational structures, better training, widespread adoption of uniform and enforceable best practices, and mandatory certification and accreditation programs. While this book provides an essential call-to-action for congress and policy makers, it also serves as a vital tool for law enforcement agencies, criminal prosecutors and attorneys, and forensic science educators.

Freedom and After

Freedom and After
Author: Tom Mboya
Publisher: East African Publishers
Total Pages: 276
Release: 1986
Genre: Africa
ISBN: 9789966469748